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Joseph Daniel Almendarez v. State

Citation: Not availableDocket: 04-08-00047-CR

Court: Court of Appeals of Texas; July 9, 2008; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In this case, the defendant was initially placed on an eight-year deferred adjudication community supervision after pleading guilty to aggravated assault as part of a plea agreement. The State subsequently moved to revoke the supervision, citing a new assault committed by the defendant. During the revocation hearing, the defendant admitted to the violation, leading the trial court to find sufficient grounds to adjudicate him guilty and sentence him to twelve years of confinement and a $1,200 fine. On appeal, the defendant contended that the trial court had abused its discretion in revoking his supervision, arguing that the incident was isolated and that he had made notable progress. Nevertheless, the appellate court affirmed the trial court's decision, noting that a plea of true to any violation is sufficient for revocation and finding no abuse of discretion in the judgment. The imposed sentence was within the statutory range for a second-degree felony, and the trial court's judgment was upheld.

Legal Issues Addressed

Appellate Review of Trial Court's Discretion

Application: The appellate court found no abuse of discretion in the trial court’s decision to revoke community supervision and impose the sentence.

Reasoning: Citing established precedent, the court found no abuse of discretion in the trial court's actions, affirming the sentence within the statutory punishment range for aggravated assault, which is two to twenty years for a second-degree felony.

Revocation of Deferred Adjudication Community Supervision

Application: Almendarez's admission to violating the terms of his supervision was sufficient for the trial court to revoke it.

Reasoning: At the hearing, Almendarez admitted to the violation. The trial court found sufficient grounds to revoke his supervision, adjudicated him guilty, and sentenced him to twelve years of confinement along with a $1,200 fine.

Sufficiency of Plea of True for Revocation

Application: Almendarez's plea of true to the violation was deemed adequate to justify the revocation of his community supervision.

Reasoning: However, the appellate court noted that a plea of true to any violation is adequate for revocation.